( 1 ) IN the present case the Plaintiff has filed a Suit for the recovery of money under Order XXXVII of the CPC. On 16. 10. 2000 the learned Trial court had arrived at the conclusion that the Petitioners, namely, M/s. Industrial medical Engineers, Shri S. P. Bhargava and Shri Vikas Bhargava had been duly served. It was observed that Defendant Nos. 1 and 2 had been served by means of registered Post Acknowledgement Due on 22. 9. 2000, while the notices issued to defendant No. 3 had been returned back with the Report of the Postal Authorities that it had been "refused". Defendant Nos. 4 and 5 have been deleted from the array of the parties. However, since Defendant Nos. 1 to 3 had not entered appearance , a Decree was passed against these persons. At the time of hearing, learned Counsel for the Respondent/plaintiff had conceded that since Shri Vikas Bhargava was/is not a partner in the firm, the Decree against this person would not be proper. He, therefore, has prayed that Shri Vikas Bhargava be struck off from the array of parties in these proceedings, and be deemed to have been struck off from the array of parties in the Suit also.

( 2 ) IT appears that so far as the partnership

Click Here to Read the rest of this document